I Accepted a Cash Offer on My House But the Guy Is Not Coming Through, Can I List It and Sell It?

Your accepted cash offer just fell apart. The buyer stopped responding, delayed closing, or simply disappeared after you took your home off the market. This situation happens more often than sellers realize. Cash buyer backing out leaves you stuck in limbo, wondering about your options and rights.

Yes, you can relist and sell your house if your cash buyer isn’t following through, but you must properly terminate the existing contract first to avoid legal complications.

In this blog post, you’ll learn exactly how to handle a failed cash transaction and relist your property the right way.

Key Takeaways

• Sellers must review the purchase agreement to confirm breach terms before taking action
• Written notice of contract breach is required before terminating the real estate agreement
• In Tulsa, sellers can retain earnest money deposits up to 5% of the purchase price under contract terms
• Proper contract termination typically takes two business days with buyer cooperation
• Relisting before official termination creates serious legal and title risks
• Oklahoma statutes allow homeowners to cancel home contracts within two business days without penalty
• Legal intervention may be necessary if buyers refuse to sign termination agreements



What Should I Do If My Cash Buyer Isn’t Following Through?

You need to take specific steps when facing a cash offer fallen through situation. Start by reviewing your contract, then notify the buyer formally, obtain proper termination, and relist strategically.

Review the purchase agreement

Your purchase agreement contains critical details about cash buyer breach conditions. Look for clauses about closing deadlines, contingencies, and default provisions. These sections tell you what constitutes a breach.

Most contracts specify exact timeframes for performance. Real estate contingencies might give buyers legitimate reasons for delays. You need to understand which delays are acceptable and which violate the agreement.

The agreement also outlines remedies available to you. These include earnest money retention, contract termination penalties, and other seller rights. Your next steps depend entirely on what this document says.

Notify the buyer of the breach

Written notice of breach is legally required in most cases. Your notification should reference specific contract violations and missed deadlines. Send this notice via certified mail and email for documentation.

In Tulsa, written notice of termination is typically required before proceeding with cancellation. The notice should state the breach clearly and give a reasonable deadline for the buyer to cure it. Most contracts allow 24 to 72 hours for response.

Keep copies of all correspondence for your records. This documentation protects you if disputes arise later. Proper notice is your first legal step toward real estate contract rescission.

Sign a termination agreement

A mutual termination agreement is the cleanest exit strategy. This document releases both parties from real estate contractual obligations. It also addresses earnest money disposition and any other financial matters.

Both parties should sign this agreement to make termination official. The document removes any cloud on your property title. You can then proceed with relisting property without legal concerns.

Some agreements include mutual release clauses that prevent future claims. These clauses protect you from legal ramifications of broken sale situations. Your title becomes clear for the next transaction.

List the house again

You can relist immediately after proper contract termination. Work with your agent to adjust pricing if needed based on market conditions. Tulsa home prices rose approximately 2–4% in 2025, so timing matters.

Update your listing details and photos if necessary. Disclose the previous failed transaction if required by local laws. Transparency builds trust with new buyers.

The market remains competitive, with average listing-to-sale times of about one month in Tulsa.

Your property should attract interest quickly if priced correctly. Consider backup offers this time to protect against future real estate transaction failure.

What Happens If the Buyer Refuses to Sign a Termination Agreement?

Buyers sometimes refuse to cooperate with contract termination. This complicates your ability to move forward with property resale options. You may need legal intervention to resolve the deadlock.

The Oklahoma Uniform Contract permits pursuing legal remedies, including retaining earnest money or seeking specific performance for breach. Your attorney can file for declaratory judgment to confirm the contract is terminated. This court action clears your title for resale.

Another option is mediation or arbitration if your contract requires it. These alternatives resolve disputes faster than litigation. They also cost less than full courtroom proceedings.

You might also record a notice of contract termination with the county recorder. This public notice protects your title from being clouded. It shows potential buyers that the previous deal is officially dead.

Legal action takes time and money but may be necessary. Consult a real estate attorney experienced in broken real estate deal situations. They can guide you through legal remedies for sellers available under Oklahoma law.

Can I Keep the Earnest Money Deposit From a Breaching Buyer?

Seller rights typically include retaining earnest money when buyers breach contracts. The deposit compensates you for time lost and market opportunity costs. However, specific conditions must be met first.

Your contract specifies earnest money terms and default provisions. In Tulsa, sellers may retain the earnest money deposit up to 5% of the purchase price, based on contract terms and Oklahoma law. You must prove the buyer failed to perform without valid cause.

Buyers might contest earnest money retention if they claim valid contingencies. Common disputes involve financing or inspection issues. Your documentation of breach must be thorough and clear.

Some contracts split earnest money between parties in dispute situations. Others require mediation before distribution. Read your agreement carefully to understand your exact rights regarding cash offer cancellation deposits.

Escrow companies won’t release funds without proper authorization. You may need signed mutual termination or court order. The process can take weeks if the buyer disputes your claim.



How Long Does It Take to Terminate a Contract and Relist?

The process to terminate and relist generally takes as little as two business days if the buyer cooperates. This quick timeframe requires mutual agreement and proper documentation. Both parties must sign termination papers promptly.

Oklahoma statutes allow homeowners to cancel home contracts within two business days without penalty. This protection applies particularly to wholesale contracts. You can act quickly without fear of repercussions.

Disputes extend the property relisting timeframe significantly. Legal intervention can add weeks or months to resolution. Court proceedings take longest, sometimes requiring 60 to 90 days.

Your title company needs to clear any clouds before relisting. They verify termination is complete and recorded properly. This step ensures new buyers can obtain clear title insurance.

Market conditions in Tulsa favor quick relisting after proper termination. Demand remains steady, and absorption rates support fast sales. Your property won’t sit long if priced competitively.

What Are the Legal Risks of Relisting Before Proper Contract Termination?

Relisting before proper termination risks legal repercussions, including possible lawsuits or title issues. The original buyer could sue for specific performance, forcing you to sell to them. They might also claim damages for your breach.

Title companies may refuse to insure your property if contracts aren’t properly terminated. This makes closing with new buyers impossible. Your property becomes unmarketable until you resolve the original contract.

Real estate contract law requires good faith performance from all parties. Jumping to a new buyer without termination shows bad faith. Courts may rule against you and award damages to the original buyer.

The first buyer could file a lis pendens against your property. This public notice clouds your title and warns potential buyers of the dispute. It prevents you from selling until the legal issue resolves.

Real estate wholesalers cannot cloud the title or file liens if the homeowner cancels promptly under new Tulsa laws (SB 1075). These protections help sellers avoid predatory practices. However, traditional buyers have stronger legal positions.

Professional legal guidance prevents costly mistakes. An attorney can verify proper termination before you relist. This small investment protects you from major legal ramifications of broken sale scenarios.

Should You Sell to Tulsa Home Buyers for a Guaranteed Cash Close?

Tulsa Home Buyers offers a reliable alternative to uncertain transactions. We are cash home buyers who close on your timeline without financing contingencies. Our process eliminates the risk of cash buyer non-performance that you just experienced.

We provide guaranteed closings in Tulsa, OK and surrounding areas including Bartlesville, Jenks, Owasso, and Sapulpa. Our team also serves Sapulpa, Glenpool, Sand Springs, and other popular areas of Tulsa, OK. You receive a fair cash offer with no hidden fees or surprises.



Real estate recovery strategies work best when you choose reliable buyers from the start. Our proven track record means no more failed closing worries or broken promises. Contact Tulsa Home Buyers today for a no-obligation cash offer and experience a stress-free sale that actually closes.